BY VIEWING AND USING and/or (herein “Exceed”) WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT SO AGREE, DO NOT USE THIS SITE OR ANY MATERIALS CONTAINED HEREIN.

These Terms of Use govern your use of this website and information and services provided through the website. The Terms of Use will always be available for your review under the “Terms of Use” link found on the Exceed home page.

Your relationship with Exceed and products and services provided by Exceed may also be governed by other written agreements. If any of these terms conflict with the terms of such written agreements, the terms of such written agreements will control.

1. Accepting these Terms of Use.

By using this website or the information or services available through the website, you will be deemed to have agreed to these Terms of Use. If at any time you disagree with these Terms of Use, you should no longer use or access this website.

2. Changes in Terms.

Exceed may modify these Terms of Use at any time. Such modifications will be effective immediately when such modifications are published. Your use of this website after a change becomes effective will indicate your agreement to such change. Exceed will not provide you with notice of any such change.

3. Termination of Access.

Exceed may terminate your access to this website for any reason, at any time, with or without notice to you.

4. Privacy

Your use of this website remains subject to Exceed’s privacy policy which is expressly incorporated herein.

5. Copyright.

All content on the website, including all text, graphics, artwork, logos, icons, images, audio clips and video clips, is the copyrighted property of Exceed and/or its affiliates, or of other content suppliers, and is protected by U.S. and foreign copyright laws and international conventions. Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means, without the prior written permission of Exceed or any other copyright owner.

6. Trademarks.

The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers (“Trademarks”) used and displayed on the website are registered and unregistered Trademarks of Exceed and others in the United States and other countries. No display or use of such Trademarks (including display of the Trademarks in meta tags or hidden text) may be made without the prior written permission of Exceed or other Trademark owner.

7. Screen Shots.

You may not reproduce, sell or distribute the information provided to you in this website.

8. Permitted Use of the Website.

You may not reproduce, sell or distribute the information provided to you in this website. Such use will also be subject to any written agreements between you and Exceed.

9. User Conduct.

When using the website, you may not:

  • Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the website or any portion thereof without Exceed’s prior written consent.
  • Upload, post, publish, transmit, reproduce or distribute through the website any material that infringes any third party’s copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary or judicially imposed nondisclosure obligations.
  • Engage in conduct, during use of the website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others.
  • Upload, post, publish, transmit, reproduce or distribute through the website any material that contains advertising solicitations, bulk unsolicited e-mails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services.
  • Upload, post, publish, transmit, reproduce or distribute through the website, or place any links on the website to, any material that is vulgar, obscene, profane, hateful, sexually explicit or otherwise objectionable.
  • Alter, interfere or disrupt the content or functioning of the website through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the website.
  • Use the website to gain unauthorized entry or access to other computer systems or networks.
  • “Mirror” the website or any of its content on any other server without the express prior written permission of Exceed
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the website.
  • Upload, post, publish, transmit, reproduce or distribute through the website any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.


10. Limitations of Liability.

  • Risks of use.
    Access to this website may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to this website is unavailable or delayed at any time, you agree to use alternative means to obtain information from Exceed, such as by contacting an Exceed Member Services representative. Exceed will not be liable to you or any other party in the event any information or any online service made available through this website becomes unavailable.
  • Limitation of Damages.
    IN NO EVENT WILL EXCEED BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE, REGARDLESS OF WHETHER EXCEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO STOP USING IT. In no event will the liability of Exceed or its affiliates, successors or assigns, or any of their officers, directors, employees or agents, exceed $100. These limitations of liability will apply without regard to the cause or causes thereof, strict liability, regulatory or statutory liability, breach of warranty (express or implied), any theory of tort, breach of contract or the negligence of any party or parties, whether such negligence be sole, joint or concurrent, active or passive.
  • Disclaimer of Warranties.
    THIS WEBSITE AND ANY CONTENT OBTAINED OR ACCESSED THROUGH THIS SITE, ARE PROVIDED ON AN “AS-IS” BASIS. EXCEED MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION PUBLISHED HEREIN. IN PARTICULAR, THERE IS NO WARRANTY OF MERCHANTABILTY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, AND NO WARRANTY RELATING TO THE COMPLETENESS, ADEQUACY, TIMELINESS, OR ACCURACY OF ANY INFORMATION ON THE WEBSITE. No Exceed employee, agent, representative or any third party is authorized to create any warranty of any kind not expressly made in these Terms of Use.
  • Some states’ laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in sections 9.b (“Limitation of Damages”) and 9.e (“Disclaimer of Warranties”) may not apply to you, and you might have additional rights.
  • No Liability for Events Outside of Exceed’s Control.
    Exceed will not be liable for any loss that results from a cause over which Exceed does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone network issues; (3) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. Exceed is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of this website.
  • Links to Other Websites.
    This website may contain links to websites operated by others. Such links are provided for your reference and convenience only. A link to another website does not imply or mean that Exceed endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at other websites. You agree not to hold Exceed responsible for the content or operation of other websites.
  • Links from Other Websites.
    This website may not be linked to in a way that causes the pages of the website to be displayed within a frame on a third party website, or otherwise displayed on a browser screen accompanied by advertising or other content not found on the website. The fact that a third party provides a link to the website does not indicate that an endorsement, agency, joint venture, or similar relationship exists between Exceed and such third party.

11. Indemnification.

You agree to indemnify, defend and hold harmless Exceed and their affiliates, successors and assigns, and each of their officers, directors, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and costs, arising out of or relating to your use of this website or the materials or services made available through it to the extent such claim arises out of your conduct or those acting on your behalf.

12. Consent to E-Mail Communications and Opting Out.

If you are a party to a Homeowner Enrollment Agreement with Exceed or have a business relationship with us, you agree that we may send e-mails to you regarding our relationship. Exceed may also send e-mails to you about services and products we believe may be of interest to you. You may opt-out of future promotional e-mails by following instructions contained in an e-mail that you receive from us. We reserve the right, however, to e-mail you important information relating to your Homeowner Enrollment Agreement or our relationship, including legal communications, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You agree that you are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you have provided to us.

13. Applying for Additional Services or Changing Existing Services.

If you apply for a product or service through this website, you authorize Exceed to treat your application or request as if it had been made in writing and signed by you.

14. Protecting your User Name and Password.

Exceed uses passwords to prevent unauthorized access to certain areas of this website. If you have been granted access to any such area, you agree to comply at all times with any security or operating procedures that Exceed establishes. You will be responsible for the confidentiality and use of your user name, password and other security-related identifiers. You agree not to hold Exceed liable for any damages of any kind resulting from your decision to disclose your user name or password to any third party. You will be responsible for any access to this website made under your user name and password. You agree to immediately notify us if you become aware of any loss or theft of your user name or password or of any unauthorized use of your user name or password or of the website, any information therein, or any online services offered through the website. We may suspend or cancel your access to the restricted areas within this website if we suspect this website is being used in an unauthorized manner.

15. General.

  • Severability.
    If any clause or provision of these Terms of Use is invalid or unenforceable for any reason, the remainder of these Terms of Use shall remain valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
  • Waiver.
    No waiver of any provision of these Terms of Use or of the rights and obligations of the parties shall be effective unless in writing and signed by the party waiving compliance. Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
  • Successors and Assigns.
    You may not transfer or assign any of the obligations, rights or interests under these Terms of Use without the prior written consent of Exceed and any attempted or purported assignment without such consent shall be null and void. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.
  • Governing Law.
    These Terms of Use shall be governed by the laws of the State of New York, as applied to contracts entered into and performed within New York. Exceed controls and operates this website from its headquarters in New York, NY, USA. If you use this website from other locations you are responsible for compliance with applicable local laws.
  • Customer Service.
    If you need assistance with this website or with any service or information provided through it, or if you need to communicate with Exceed, write to us at:Exceed Suite 1101, 250 West 57th Street, New York, NY 10107You agree that we may record the conversations our employees have with you. We may do this from time to time to monitor the quality of service and accuracy of information our employees give you.
  • Venue.
    You agree the courts located in New York, New York will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of the website, and you agree to submit to the exclusive jurisdiction of such court. You further covenant and agree not to bring any claim or cause of action arising out of or relating to these Terms of Use or your use of the website in any other forum. The prevailing party in any dispute will be entitled to its reasonable attorney’s fees and costs, in addition to all other available recovery and relief.
  • Entire Agreement.
    These Terms of Use (and any written agreements, if applicable) state the entire agreement between you and us concerning the use of this website. Neither these Terms of Use nor any written agreement(s) may be amended or modified except through a written agreement signed by an officer of Exceed.